From related threads arguing that Obamacare is unconstitutional…
Regardless what the misguided, institutionally indoctrinated (imo) Roberts Court wants everybody to believe about federal healthcare programs, the court seeming “overlooked” the following from related threads imo.
It overlooked that previous generations of state sovereignty-respecting Supreme Court justices had clarified that the states have never expressly constitutional given the feds the specific power to regulate, tax and spend in the name of INTRAstate healthcare.
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"Congress is not empowered to tax for those purposes which are within the exclusive province of the States."Justice John Marshall, Gibbons v. Ogden, 1824.
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"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added].” —Gibbons v. Ogden, 1824.
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"Inspection laws, quarantine laws, health laws of every description [emphasis added], as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass.” —Justice Barbour, New York v. Miln., 1837.
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"Obviously, direct control of medical practice [emphases added] in the states is beyond the power of the federal government.” —Linder v. United States, 1925.
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”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
In fact, the congressional record shows that Rep. John Bingham, a constitutional lawmaker, had clarified that the Founding States had left the care of the people uniquely to the states, not the federal government.
”... the care of the property, the liberty, and the life of the citizen, under the solemn sanction of an oath imposed by your Federal Constitution, is in the States, and not in the Federal Government [emphases added].” —Rep. John Bingham, Congressional Globe, 1866. (See about middle of 3rd column.)
Also consider that Justice Brandeis had reflected on Bingham's statement when Brandeis indicated that it is up to the individual states to experiment with the social spending programs, healthcare and retirement programs for example, ultimately depending on what the legal majority voting citizens of a given state want.
"It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose [emphasis added], serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” —Justice Brandeis, Laboratories of democracy.
(Note that constitutional limits on states as laboratories of democracy is that states cannot establish privileged / protected classes or abridge constitutionally enumerated rights, and must maintain a constitutionally guaranteed republican form of government.)
So what happened to state sovereignty to establish custom state healthcare and retirement programs for example?
Using inappropriate words like "concept" and "implicit" here is what was left of 10th Amendment (10A)-protected state sovereignty after FDR’s state sovereignty-ignoring majority justices got finished with it in Wickard v. Filburn.
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"10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
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"In discussion and decision, the point of reference, instead of being what was "necessary and proper" to the exercise by Congress of its granted power, was often some concept [???] of sovereignty thought to be implicit [??? emphases added] in the status of statehood." —Wickard v. Filburn, 1942
In fact, Speaker Pelosi seemingly took advantage of the scandalous, politically correct repeal of 10A by FDR's state sovereignty-ignoring activist justices. This is evidenced by her irresponsible (imo) ignoring of a resolution to propose a healthcare amendment to the Constitution to the states for ratification before wrongly ramming Obamacare through the House.
Had Pelosi instead upheld her oath to protect and defend the Constitution by leading Congress to successfully petition the states to ratify a constitutionally required healthcare amendment to the Constitution before helping to establish unconstitutional Obamacare, then I wouldn't be making this post.
Patriots need to elect a new Congress that will not only promise to fully support PDJT's vision for MAGA, now KAG, but will also do this.
The new Congress also needs to promise to work with PDJT to take all constitutionally indefensible federal laws out of the books.
Congress will also need to work with PDJT to decide the fate of people who are in prison for breaking federal laws that the corrupt, post-17th Amendment ratification feds never had the express constitutional authority to make.
Remember in November!
MAGA! Now KAG! (Keep America Great!)